Davis v. Bisgeier

Appellate Terms of the Supreme Court of New York

Davis v. Bisgeier

17 Misc. 2d 149, 183 N.Y.S.2d 917, 1958 N.Y. Misc. LEXIS 2286

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 26, 1958

StatusPublished

This text of 17 Misc. 2d 149 (Davis v. Bisgeier) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Bisgeier, 17 Misc. 2d 149, 183 N.Y.S.2d 917, 1958 N.Y. Misc. LEXIS 2286 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Defendant is obviously guilty of not responding to the notice of examination and relying on the reluctance of the court to strike his answer without giving him an additional chance to appear. A default deliberately incurred should not be opened without the imposition of costs. (Petersdorf v. O’Hagan, 286 App. Div. 1100.)

The order should be modified by imposing $10 costs of motion and as so modified affirmed, with $10 costs.

Concur — Heoht, J. P., Steuer and Tilzer, JJ.

Order modified, etc.

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